Bitter Immigration Fight Is No Closer to Ending After Budget Deal Passes

TOP UPDATES

Bitter immigration fight is no closer to ending after budget deal passes

CNBC: Senate Majority Leader Mitch McConnell is set to fulfill his promise to open debate on an immigration bill next week, but crafting a plan that can pass both chambers of Congress and appease President Donald Trump is no easy task.

Applicant Arrested at Asylum Interview

Caleb Arring: I am an immigration attorney in San Francisco. Today my client was ARRESTED BY ICE AT HIS ASYLUM INTERVIEW for no apparent reason. He has no criminal history, no arrests, no prior orders of removal, no red flags. The only thing that could be remotely considered a red flag is that he is from Sudan, one of the countries on the original travel ban list. I am trying to get the word out about this. I can be contacted at .

ICE Issues Guidance on Enforcement at Courthouses

AIC: After a significant increase in arrests outside of courthouses in 2017, Immigration and Customs Enforcement (ICE) has finally released new guidance that officially gives its agents permission to conduct civil immigration enforcement at courthouses.

Advocates walk out of Bronx Courthouse after another Courthouse arrest

NY Post: An immigrant brought to the US when he was just 3 years old was arrested outside a Bronx courthouse Thursday by ICE officers who said he was in the country illegally.

Trump’s draft plan to expand the definition of public charge

Vox: The Trump administration is working on new rules that would allow the government to keep immigrants from settling in the US, or even keep them from extending their stays, if their families had used a broad swath of local, state, or federal social services to which they’re legally entitled — even enrolling their US-born children in Head Start or the Children’s Health Insurance Program (CHIP). See attached draft and talking points. See also State Department redefines public charge standard.

Trump directive establishes new immigration vetting center

Politico: President Donald Trump signed a national security memorandum on Tuesday establishing a vetting center aimed at improving the screening process of those who want to enter the U.S. See also Secretary Kirstjen M. Nielsen Statement on the National Vetting Center.

VAWA & SIJS Email Hotlines No Longer Operational

NYIC: The VAWA and SIJS email hotlines are no longer operational at the local offices. VSC has a VAWA hotline that can still be used. For any questions on specific cases at the local office, the appropriate Field Office Director should be contacted. This change is due to the fact that operating such hotlines across the four offices that now make up the New York District was too difficult.

Admin Closure v. Status Docket

LSSNY: I had a MC before judge Kolbe this morning where I asked for (via written motion addressing the objections DHS has been making) and got admin closure instead of status docket for an approved 360. I'm sure there would've been more hesitance from IJ if it was just a pending 360 but ICE still objected saying they object to a/c unless they see a filed 485.

DHS Acting Press Secretary Statement on January Border Apprehension Numbers

DHS: The administration will continue to work with Congress to pass its responsible, fair and pro-American immigration framework that provides funding for the border wall system, ends chain migration and the diversity visa lottery, and creates a permanent solution for DACA.

Foreign PolicyObtains Draft Report Calling for Long-Term Surveillance of Sunni Muslim Immigrants

This draft report, produced at the request of CBP, obtained byForeign Policy, looks at 25 terrorist attacks in the United States between October 2001 and December 2017, and called on authorities to continuously vet Sunni Muslim immigrants deemed to have “at-risk” demographic profiles. AILA Doc. No. 18020803

LITIGATION/CASELAW

ICE Is Targeting Political Opponents For Deportation, Ravi Ragbir And Rights Groups Say In Court

Intercept: U.S. IMmigration And Customs Enforcement is unconstitutionally using its power to suppress political dissent by targeting outspoken immigration activists for surveillance and deportation, according to allegations in a federal lawsuit filed on Friday by immigration rights groups.

Litigation Updates from HoldCBPAccountable (ACLU, AIC, NIRP)

•In Doe, et al v. Kelly, the Ninth Circuit upheld the lower court’s preliminary injunction in its entirety, rejecting the government’s argument that the Tucson Sector Border Patrol should not be required to provide detainees with clean bedding and an opportunity to wash themselves and to ensure that each detainee was given basic medical screening.

•In John Doe and Jane Roe v. United States, an FTCA claim seeking damages following abusive conditions in an hielera (CBP short-term detention facilities), the District Court denied the Defendants’ motion to dismiss and the case was later resolved by the parties.

•In Serrano v. CBP, the Institute for Justice brought class action litigation challenging CBP’s practice of seizing U.S. citizens’ property without holding prompt post-seizure civil forfeiture hearings at which the owners can challenge CBP’s actions.

•In Alasaad v. Duke, the Electronic Frontier Foundation and the ACLU brought suit against CBP’s practice of seizing electronic devices at the border without a warrant or even probable cause.

•In Wilwal v. Kelly, the ACLU brought suit challenging CBP’s abusive detention of a Muslim-American family at the U.S.-Canada border, as well as one family member’s erroneous placement on a terrorism watchlist.

BIA Finds Residential Burglary Is Not a CIMT

Unpublished BIA decision holds that residential burglary under Cal. Penal Code 459 is not a CIMT. Special thanks to IRAC. (Matter of Delgadillo Armas, 4/27/17) AILA Doc. No. 18020934

BIA Finds Identity Theft Not a CIMT

Unpublished BIA decision holds that identity theft under 18 Pennsylvania Consolidated Statutes 4120(a) is not a CIMT because it does not require a specific intent to defraud or deceive. Special thanks to IRAC. (Matter of Benka Coker, 4/28/17) AILA Doc. No. 18020933

BIA Holds Grand Theft by Labor Not an Aggravated Felony

Unpublished BIA decision holds that grand theft by embezzlement under Cal. Penal Code 487 is not an aggravated felony theft offense because it criminalizes theft of labor and services and theft by false pretenses. Special thanks to IRAC. (Matter of S-D-, 4/26/17) AILA Doc. No. 18020535

CA1 Upholds Denial of Withholding of Removal and CAT Protection to Honduran Petitioner

The court denied the petition for review, finding, among other things, that the evidence did not compel a finding that the petitioner established a nexus between his alleged past persecution or any likely future persecution and his family membership. (Ruiz-Escobar v. Sessions, 2/2/18) AILA Doc. No. 18020900

CA5 Partially Dismisses and Partially Denies Petition for Review of BIA’s Denial of Motion to Reopen

The court partially dismissed the petition for lack of jurisdiction and partially denied the petition, finding that the petitioner’s claim that the BIA violated his due process rights was unavailing. (Mejia v. Sessions, 2/2/18) AILA Doc. No. 18020932

CA5 Finds Plaintiff Could Not Prove United States Citizenship

The court concluded that the plaintiff, born in 1969 in Mexico, could not meet the requirements to prove United States citizenship because he could not show that he was legitimated by his United States citizen father before the plaintiff turned 21. (Gonzalez-Segura v. Sessions, 2/6/18) AILA Doc. No. 18020931

CA5 Denies Petition for Review Where Petitioner Failed to Raise the Issue of the Realistic Probability Test

The court found that the BIA did err in its application of the categorical approach to the petitioner’s conviction, but denied the petition for review because the petitioner failed to address the issue of the realistic probability test in his brief. (Rodriguez Vazquez v. Sessions, 2/1/18) AILA Doc. No. 18020937

CA7 Finds Salvadoran Petitioner Did Not Establish Nexus Between Fear of Harm and a Familial Relationship

The court denied the petition for review, holding that the petitioner did not establish a nexus between her fear of harm by gang members and a familial relationship and that the harm was motivated by the gang’s desire to extort money from her. (Villalta-Martinez v. Sessions, 2/7/18) AILA Doc. No. 18020901

CA7 Finds Petitioner’s Indiana Conviction for Attempted Sexual Misconduct with a Minor to Be An Aggravated Felony

The court found that the petitioner’s conviction for attempted sexual misconduct with a minor under Indiana Code §35-42-4-9(a) was an aggravated felony under INA §101(a)(43)(A). (Correa-Diaz v. Sessions, 1/31/18) AILA Doc. No. 18020941

ACTIONS

·AILA: Call for Examples: Compelling Family Immigration Stories

RESOURCES

(In-person) Tax Prep Options

•The Financial Clinic operates 4 in-person Tax Clinics in Brooklyn, LES, East Harlem, and the Bronx. Schedule online at or by calling (212) 505-3482. Walk-ins are also welcome at most sites, but t make an appointment to avoid longer wait times.

•If none of those locations are convenient, you can find all NYC Free Tax Prep VITA locations here:

•For ITIN Certification sites, use the Tax Map and check the box for “I am applying for an Individual Taxpayer Identification Number” to search these sites.

•IRS Volunteer Income Tax Assistance (VITA) Tax Preparation is free for anyone who earned less than $54,000 in 2017

•ITIN applications and renewals must be done in-person. Applicants should bring their current passport and/or visa. See below for in-person VITA sites.

Filing Online

•Turbo Tax Freedom Edition if you earned $33,000 or less in 2017.

•MyFreeTaxes.com if you earned $66,000 or less in 2017.

Other

·Legal Aid will show you how to find out if you're in NYPD's gang database

·HRF: credible fear and fraud safeguards factsheet (updated)

·HRF: immigration court appearance rates factsheet (updated)

·HRF: Asylum Myth v. Fact

· HRF Asylum flowcharts (attached)

· Free English Classes in Sunset Park (attached)

·AIC: Motions to reopen practice advisory

·AILA: Bite-Sized Ethics: Final Orders, Enforcement Priorities, and Moving to Evade Arrest

·AILA: Asylum Cases on Credibility

·AILA: Asylum Cases on One-Year Filing Deadline

·AILA: Asylum Cases on Political Opinion

·AILA: Crossing State Lines: A Practical Guide for Immigration Lawyers When Volunteering Their Services Out-of-State

EVENTS

· 2/13/18Pointers for Success at Points of Entry on the Northern Border

· 2/17/18Real People. Real Lives. Women Immigrants of New York at Queens Museum

· 2/18/18Black History Month 2018 Race and Immigration Film Series

· 2/21/1 Register for a Free Habeas Corpus Nuts and Bolts Webinar

· 2/23/182018 Immigration and Asylum Law Conference (Federal Bar Association and New York Law School)

· 2/26/18New Sanctuary Coalition ACCOMPANIMENT TRAINING John Bowne H.S.

· 2/27/18Non-Court Removal Orders: Expedited, Stipulated, Reinstated, Oh My!

· 3/1/18 Race and Immigration in the Age of Trump

· 3/14/18Reopening Cases for Justice: Basic Rules and Advanced Strategies for Motions to Reopen in Immigration Cases

· 4/12/18AILA 2018 Removal Defense Conference and Webcast

· 4/30/18Working with Immigrants: The Intersection of Basic Immigration, Housing, and Domestic Violence Issues in California 2018 (Free)

· 6/20/18Leadership and Advocacy Training (LAT)intended for emerging advocates from Southeast Asian American and ally communities to learn how to advocate effectively for policy change -Apply by February 28

· 7/1-3/18 National Institute for Trial Advocacy & CLINIC Training in Boulder, CO

· 7/26/18Defending Immigration Removal Proceedings 2018

ImmProf

Monday, February 12, 2018

·McConnell’s immigration gamble: US Senate to Debate Immigration Reform

·From the Bookshelves: The Line Becomes a River: Dispatches from the Border by Francisco Cantú

Sunday, February 11, 2018

·Olympic Watch: Maame Biney

·Last of Iconic Immigrant Crossing Signs Vanishes

·From the Bookshelves: Stranger: The Challenge of a Latino Immigrant in the Trump Era by Jorge Ramos

·President Obama and Latina/o Removals: The Quest for Immigration Reform

·Building the Border Wall

·ICE Issues Guidance on Enforcement at Courthouses

Saturday, February 10, 2018

·What Trump Can Teach Us About Con Law: The Tenth Amendment and "Sanctuary Cities"

·President Trump's Attacks on "Criminal Aliens"

·Federal Court: Constitution Bars Warrantless Detention for Immigration Violations by Local Government

·Immigration Article of the Day: Immigration Governance for the Twenty-First Century by Ruth Ellen Wasem

Friday, February 9, 2018

·Regulating Employment: A Barrier to Comprehensive Immigration Reform

·Trump immigration plan could keep whites in U.S. majority for up to five more years

·New Mexico lawmakers blast newspaper cartoon depicting Dreamers as gang members

·Congress leaves out DACA fix from budget deal, government reopened

·Immigration Article of the Day: The Promise and Failure of Silence As a Shield Against Immigration Enforcement by Linus Chan

Thursday, February 8, 2018

·Immigrant of the Day: Vladimir Guerrero

·Immigration Article of the Day: Municipal Suffrage, Sanctuary Cities, and the Contested Meaning of Citizenship by Jenneth Stahl

Wednesday, February 7, 2018

·Record marathon speech on DACA

·Australia's Dual Citizenship Crisis & The Meaning of Citizenship

·Prohibition and Immigration Podcast

·Trump Chief of Staff Denigrates Potential DACA Recipients who Did Not Apply

·Trump: 'I'd love to see a shutdown' over immigration

·President Trump Creates National Vetting Center

·Immigration Article of the Day: 'Helpfulness' is a Two-Way Street: How the Commonwealth of Virginia Can Support Undocumented Survivors of Domestic Violence by Nicole Alanko

Tuesday, February 6, 2018

·Your Playlist: Mennel

·Immigrant of the Day: Jay Ajayi, Professional Football Player, Super Bowl Champion (United Kingdom)

·Immigration Article of the Day: Crimmigration Resistance and the Case of Sanctuary City Defunding by Annie Lai and Christopher N. Lasch

·Immigrants are US

·Migrant Deaths Remain High Despite Sharp Fall in US-Mexico Border Crossings in 2017

Monday, February 5, 2018

·After Student Outcry, Chicago Law School Immigration Debate Is Spiked

·Reading Green Cards

·SENATORS McCAIN & COONS TO INTRODUCE BIPARTISAN IMMIGRATION COMPROMISE

·From the Bookshelves: The Making of a Dream: How a group of young undocumented immigrants helped change what it means to be American by Laura Wides-Muñoz

AILA NEWS UPDATE

Daily Immigration News Clips – February 9, 2018

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on February 9, 2018

National

ReutersExclusive: Trump administration may target immigrants who use food aid, other benefits By Yeganeh Torbati

CNNTrump admin considers rule that could limit immigrants' ability to stay in US By Tal Kopan

VoxExclusive: Trump's draft plan to punish legal immigrants for sending US-born kids to Head Start By Dara Lind

Inside Higher EdBudget Deal Would Add Money, but Not Restore DACA By Andrew Kreighbaum and Elizabeth Redden

APCongress votes to reopen government, passes budget deal By Andrew Taylor

Wall Street JournalHouse Passes Budget Deal, Stopgap Spending Bill to End Shutdown By Kristina Peterson and Natalie Andrews

Wall Street JournalSenate Approves Two-Year Budget Deal, Stopgap Spending Bill By Natalie Andrews and Kristina Peterson

The Washington PostGovernment shutdown set to end as House passes sweeping budget bill By Mike DeBonis and Erica Werner

ReutersU.S. Senate leaders reach $300 billion federal spending deal By Richard Cowan and Amanda Becker

The Washington PostWhy Paul Ryan could be a loser in this budget deal By Amber Phillips

PoliticoPelosi's Dreamers protest leaves some Democrats underwhelmed By Heather Caygle

PoliticoDreamers fight comes to Senate cafeteria By Nolan D. McCaskill

PoliticoFlake floats Dreamers extension By Seung Min Kim

CNNPelosi calls spending bill 'good' -- but still isn't voting for it By Daniella Diaz and Deidre Walsh

CNNMcConnell officially tees up immigration debate next week By Tal Kopan

CNNBipartisan group of senators scrambling to draft immigration bill By Ashley Killough and Tal Kopan

The HillCurbelo a 'yes' on budget, says DACA solution 'within reach' By Rafael Bernal

Roll CallPelosi Immigration Speech Overshadows Democratic Retreat By Simone Pathe

Roll CallSenate Immigration Debate to Begin With Blank Slate By Dean DeChiaro

VoxThe Senate's immigration debate, starting next week, is really at least 7 different debates By Dara Lind

PoliticoWe Locked Four Experts in a Room Until They Solved Immigration By Julia Preston

CNNMattis says DACA troops, veterans are not in 'jeopardy' By Ryan Browne, Barbara Starr, and Zachary Cohen

Buzzfeed NewsMattis Promises DREAMers In The Military That The Country They're Fighting For Won't Deport Them By Vera Bergengruen

APPublic defenders walk out in protest of ICE court arrests

Fox NewsImmigration activists decry citizenship checks on buses, trains By Molly Line

The Washington PostKansas professor from Bangladesh granted temporary stay of deportation By Amy B. Wong and Maria Sacchetti

CNN'Pillar of the community' deported from US after 39 years to a land he barely knows By Jomana Karadsheh and Karene Khadder

CNNSon of chemistry professor facing deportation says his father has 'done nothing wrong' By Melissa Mahtani

Mother JonesThe Guy Behind the Bogus Immigration Report Has A Long History of Terrible And Misleading Research By Olivia Exstrum

HuffPostShe Dropped Everything To Come Fight For Immigration Reform. She's Still Waiting. By Elise Foley

The HillNew Mexico senators blast 'heinous' cartoon depicting Dreamers as gang members By Morgan Gstalter

APTrudeau pitches Canadian globalism to California tech firms By Juliet Williams

The Washington PostPresident Trump's claim that 'thousands and thousands' of MS-13 members are off the streets By Salvador Rizzo

The HillMaxine Waters: Pelosi's speech one of 'most profound' moments in history of Congress By John Bowden

The HillGeorge W. Bush on immigrants: 'We ought to say thank you and welcome them' By Avery Anapol

The HillTop Ryan staffer praises Pelosi's endurance after eight-hour speech By John Bowden

NBC NewsState Democrats stood against Trump. Now they want to show what they stand for. By Adam Edelman

PBS NewshourOpinion: Trump's immigration policies are a windfall for China and India By Vivek Wadwha